The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds of appeal by the defendant, the grounds of appeal are examined ex officio in accordance with Article 364(2) of the Criminal Procedure Act.

In the trial of the party, the prosecutor applied the law to the name of the crime against the defendant as "Habitual intimidation" from "Violation of the Punishment of Violences, etc. Act (Habitual Intimidation)", and applied the law to "Article 2 (1) 1 of the Punishment of Violences, etc. Act and Article 283 (1) of the Criminal Act" to "Article 285 and Article 283 (1) of the Criminal Act", respectively, and applied for amendments to the bill of amendment to the law. This court permitted this.

As such, the subject of the judgment of the court below was changed in the first instance, and the judgment of the court below was no longer maintained.

3. Therefore, the court below's decision is reversed ex officio pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and it is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions of the Criminal Act and Articles 285 and 283 (1) of the Criminal Act (the point of habitual intimidation and the choice of imprisonment);

1. Article 35 of the Aggravation of Aggravation of Aggravation of Aggravation of Cumulative Offense Act shows an attitude against the defendant's will at the latest in the past.

However, the defendant committed the crime of this case during the period of repeated crime, and the fact that he did not agree with the victim or receive a letter from the victim is disadvantageous.

In addition, the character and behavior, health conditions, the age of the victim, the degree of intimidation, the degree of damage suffered by the victim, the motive of the crime in this case, and the circumstances after the crime.